# In the matter of Unity Infraprojects Ltd CA(AT)(Insolvency)No. 773 of 2020

> NCLAT judgment dated 2020-09-10. Citation: TCN-2020-NCLAT-00131. The case involves an appeal where M.A. No. 227/2018 and M.A. No. 350 of 2018 in CP. No. (IB)…

- **Court:** NCLAT
- **Order date:** 10 Sept 2020
- **Citation:** TCN-2020-NCLAT-00131
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/unity-infraprojects-ltd-caatinsolvencyno-773-of-2020-68a93b7e

## Summary

### Background

The case involves an appeal where M.A. No. 227/2018 and M.A. No. 350 of 2018 in CP. No. (IB) 1058(MB)/2017 were heard and reserved for orders on 4th March, 2019. The constitution of the Bench changed, and the matter was released and placed before the reconstituted Bench. There was no progress in the matter, and the application of the Resolution Professional, M.A. No. 350 of 2018, praying for liquidation of the Corporate Debtor, was being adjourned from time to time.

## Facts

Unity Infraprojects Ltd. filed an appeal related to insolvency proceedings. M.A. No. 227/2018 and M.A. No. 350 of 2018 in CP. No. (IB) 1058(MB)/2017 were previously heard and reserved for orders on March 4, 2019. The bench was reconstituted, and the matter was placed before the new bench. The Resolution Professional's application, M.A. No. 350 of 2018, sought liquidation of the Corporate Debtor but was repeatedly adjourned. A previous order on February 12, 2020, directed listing the matter on March 26, 2020, but it was not considered. The court considered the I&B Code provisions, timelines, and Covid-19 lockdown hardships.

## Issues and analysis

### Issue 1: Whether the appeal can be disposed of with a direction to the Adjudicating Authority to take up the …

**Ratio:** The ratio is based on the court's inherent power to ensure timely resolution of

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**Reasoning:** The court reasoned that the matter had been pending for a considerable time, and the

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**Interpretation:** The interpretation involves balancing the statutory timelines under the

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Bansi Lal…; Anant Bijay…; +2 more
- **Appellants:** Unity Infraproject…

## Timeline

- **2019-03-04 — Previous H…**: M.A. No. 227/2018 and M.A. No. 350 of 2018 in CP. No. (IB) 1058(MB)/2017 were heard and…
- **2020-02-12 — Previous…**: Previous order passed directing listing…

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